HomeMy WebLinkAboutArticle IVChapter II: District and General Regulations
Article IV: Land Use Compatibility
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ARTICLE IV: LAND USE COMPATIBILITY
SECTION 54-24.1: COMPREHENSIVE PLAN IMPLEMENTATION
In order to implement the Comprehensive Plan in a manner consistent with Chapter 163.3201, FS the City Land
Development Code is hereby established. The Land Development Code is intended' to assist in managing
comprehensive planning issues surrounding the use and/or development of specific lots, parcels, and tracts of
land or any combination thereof within the City of Sebastian. [Cross Referencd: Article III Comprehensive
Plan; Chapter 78 Planning; Code of Ordinances of the City of Sebastian, Florida]
SECTION 54-2-4.2: FUTURE LAND USE MAP (FLU-.M) DESIGNATIONS AND ZONINi G DISTRICTS
Table 54-2-4.2 "Future Land Use Map (FLUM) Designations and Compatible Zoning Districts" references
adopted FLUM designations contained in the land use element of the City of Sebastian Comprehensive Plan and
identifies corresponding zoning districts which are hereby established in order to implement the FLUM
designations, respectively.
SECTION 54-24.3: OFFICIAL ZONING MAP AND DISTRICT BOUNDARIES
A. Map Adoption. The boundaries of each zoning district are on the Official Zoning Map for the City of
Sebastian, Florida. The boundaries of the districts, together with all explanatory statements thereon, are
hereby adopted and incorporated as a part of this Code.
B. Map Amendment. No changes or amendments to the Official Zoning Map shall be made except in
compliance and conformity with all procedures set forth in this Code. If changes or amendments are
made to district boundaries or other subject matter portrayed on the Official Zoning Map, such changes
or amendments shall be made promptly after official adoption of the change or amendment as provided
for herein. The City's Planning and Growth Management Director shall be responsible for assuring that
the physical updating and amendment of the Official Zoning Map is carried out in a timely manner.
Where a proposed rezoning affects a large portion of the land area of the City of Sebastian, it shall be
considered tb be legislative in nature and shall be enacted in accordance with legislative standards
contained in the Florida Constitution, Florida Statutes, the City's Comprehensive Plan and the City Land
Development Code.
Where a proposed rezoning affects a limited number of persons or property owners, or is contingent on
a fact or facts arrived at from distinct alternatives presented at a hearing, and where the decision can be
functionally viewed as policy application rather than policy setting, it shall be considered to be quasi-
judicial in nature and the rules contained in this paragraph shall apply. The property owner shall have
the burden of proving that the rezoning proposal is consistent with the Comprehensive Plan and that it
complies with all procedural requirements of the zoning ordinances. Should the property owner prove
these elements, the burden shifts to the City Council to show that maintenance of the existing zoning
classification with respect to the property accomplishes a legitimate public purpose and to show that
denial of rezoning approval is not arbitrary, discriminatory, or unreasonable. In rendering a decision, the
City Council shall not. be required to make a finding of fact. City Council action on a rezoning request
for a limited number of persons or property owners shall be reviewable by petition for writ of certiorari
in accordance with the Florida Rules Appellate Procedure. The standard for review shall be "strict
scrutiny," by which is meant the same standard as that used in the review of other quasi-judicial
decisions and not constitutional cases. The City Council's decision should be upheld if the City can
show that there was competent substantial evidence presented to the City Council to support its ruling.
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City of Sebasdmi
Chapter H: District and General Regulations Article IV: Land Use Compatibility
SECTION 54-24.4: INTERPRETATION OF DISTRICT BOUNDARIES
�, The following shall apply when there is uncertainty as to the district boundaries on the Official Zoning Map:
1. Center Lines. Boundaries indicated as approximately following the centerlines of streets, highways
and alleys shall be construed as following such lines:
2. Lot, Section and Tract Lines. Boundaries indicated as approximately following platted lot lines,
section or tract lines shall be construed as following such lines.
3. Political Boundaries. Boundaries indicated as approximately following political boundaries shall be
construed as following such political boundaries.
TABLE 54-2-4.2
FUTURE LAND USE MAP DESIGNATIONS AND
COMPATIBLE ZONING DISTRICTS
Comprehensive Plan
Future Land Use Map Designation
Corresponding Compatible Zoning Districts
C
Conservation
C:
Conservation
LDR
Low Density Residential
RE-40:
Residential Estate
RS-20:
Single Family Residential
RS-10:
Single Family Residential
f`r
PUD(R):
Residential Planned Unit Development
MDR
Medium Density Residential
RM-8:
Medium Density Multiple Family Residential
PUD(R):
Residential Planned Unit Development
HDR
High Density Residential
PUD(R):
Residential Planned Unit Development
MH
Mobile Home Subdivisions
R-MH:
Mobile Home Subdivisions(l)
PUD-MH
Mobile Home Planned Unit Development
C-512
Commercial CR-512 Corridor
C-512:
C-512 Commercial District
CL
Limited Commercial
CL:
Commercial Limited
CG
General Commercial
CG:
Commercial General
PUD(C):
Commercial Planned Unit Development
RMU
Riverfront Mixed Use
CR:
Commercial Riverfront
CWR:
Commercial Waterfront Residential
RM-8:
Medium Density Multiple Family Residential
PUD(R):
Residential Planned Unit Development
PUD(C):
Commercial Planned Unit Development
1N
Industrial
IN:
Limited Industrial
Al
Airport and Industrial Facilities
PUD(I):
Industrial Planned Unit Development
INS
Institutional
PS:
Public Service
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Chapter II: District and General Regulations
Article IV: Land Use Compatibility
NOTE:(1) Manufactured housing is permitted in all residential districts within the City if the units comply with
the following standards:
1. City's adopted building code;
2. State mandated criteria governing construction in coastal areas;
3. State of Florida buildings standards of CH. 320 and 553 F. S.; and
4. U.S. Department of Housing and Urban Development Manufactured Home Construction and Safety
Standards of 1974 (i.e., Sec. 320.823, F. S.)
The Official Zoning Map may correct drafting and clerical errors or omissions in the prior Official Zoning Map,
but no such corrections shall have the effect of amending the Code or any subsequent amendment thereto
without duly noticed public hearings as provided herein. When any Official Zoning Map is replaced, the prior
Map or any significant parts thereof remaining shall be preserved together with all available records pertaining
to its adoption and amendment.
4. Shorelines. Boundaries indicated as following shorelines shall be construed as following the mean high
water line (MHW), and in the event of change in the MHW, the shoreline shall be construed as moving
with the MHW. Boundaries indicated as approximately following the centerline of streams, rivers,
canals, or other bodies of water shall be construed to follow such centerlines.
5. Parallel Lines. Boundaries indicated as parallel to or extensions of features indicated in Section 54-2-
4.4(1-5) shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be
determined by the scale of the map.
6. Bisecting Lines. Where district boundary lines approximately bisect blocks, the boundaries are the
IoobN median line of such blocks, between the center lines of boundary streets.
7. Uncertainties. Where physical or cultural features existing on the ground are at variance with those
shown on the Official Zoning Map or in case any other uncertainty exists, the City Council shall inter-
pret the intent of the Official Zoning Map as to the location of district boundaries.
8. Street Abandonment. Where a public road, street or alley is officially vacated or abandoned, the
regulations applicable to the property to which it reverted shall apply to such vacated or abandoned
road, street, or alley.
9. Excluded Areas. Where parcels of land and water areas have been inadvertently excluded from a
zoning district classification in any manner, said parcels shall be classified in conformance with the
most restrictive zoning district which abuts the excluded area until or unless changed pursuant to
amendment procedures contained herein.
10. Railroad Lines. Boundaries indicated as following railroad lines shall be construed to be following the
centerline of the railroad right-of-way.
SECTION 54-24.5: COMPLIANCE WITH DISTRICT REGULATIONS
No building or structure shall be erected, reconstructed or structurally altered, nor shall any building, land or
water be used for any purpose other than a use permitted in the district in which such building, land or water is
located. No building or land shall be used so as to produce greater heights, smaller yards, less unoccupied area,
or higher density or intensity than is prescribed for such building or land within the district regulations in which
the building or land is located. No lot, which is now or which may be hereafter built upon shall be so reduced in
area so that the yards and open spaces will be smaller than prescribed by this Code.
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